Texas Penal Code § 29.03 – A First-Degree Felony with No Parole Early
In Texas, simple robbery becomes aggravated robbery (commonly called “armed robbery”) when:
- You commit a theft (or attempt theft), and
- You use or exhibit a deadly weapon (gun, knife, bat, vehicle, or anything capable of causing death/serious injury), OR
- You cause or threaten serious bodily injury to another person
That’s it. No shots need to be fired. No one even needs to be hurt. Simply showing a weapon (or something the victim believes is a weapon) during a theft elevates the charge.
Punishment Range
- First-degree felony: 5–99 years or life in prison
- Up to $10,000 fine
- No parole eligibility until at least half the sentence or 30 years is served (whichever is less) if a firearm was used
If someone dies during the robbery, it can be charged as capital murder — automatic life without parole or the death penalty.
Common Scenarios That Trigger Aggravated Robbery Charges
- Brandishing a firearm or knife while demanding money or property
- Pointing a realistic-looking BB gun or toy gun (still a deadly weapon under Texas law)
- Pistol-whipping or threatening to kill a store clerk or bystander
- Carjacking at gunpoint or knifepoint
- Home-invasion robberies
Prosecutors treat aggravated robbery as one of the “3g” offenses — the most serious violent crimes in Texas. Bond is routinely set at $100,000–$1,000,000+, and many judges will not grant personal bonds.
Why You Need Barton & Associates Right Now
Aggravated robbery cases move fast and are overcharged from day one. Police and prosecutors assume guilt and rarely reduce these charges without a fight.
At Barton & Associates, Attorneys at Law, our former felony chief prosecutors and board-certified trial lawyers have successfully defended hundreds of aggravated robbery cases statewide by:
- Attacking weak identification procedures (show-ups, photo lineups, cross-racial IDs)
- Proving the “weapon” was not actually deadly or was never exhibited
- Exposing accomplices who are lying to get lighter sentences
- Winning suppression of illegally obtained confessions or searches
- Negotiating reductions to theft or misdemeanor offenses when the evidence falls apart
We file motions within days, hire top investigators, and start dismantling the State’s case before it ever reaches a courtroom.
If you or a loved one has been arrested or is under investigation for aggravated robbery (armed robbery) in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential consultation.